What is an ANP?
In Texas, victims of and witnesses to crime have the option of filing what is known as an ANP, or an Affidavit of Non-Prosecution. This is a type of sworn statement, where a person states that he or she doesn’t wish for a case to proceed against the accused. While ANPs can be convincing documents when it comes to helping prosecutors decide whether to pursue charges against someone, they don’t legally force the state to drop the charges. Rather, the prosecutors will retain the authority to decide whether to pursue or drop the case. In fact, prosecutors often disregard ANPs, especially in certain types of cases, namely those involving allegations of domestic violence due to concerns regarding coercion.
What to Know About Texas ANPs
ANPs are legal documents where a witness to or victim of a crime formally declares that he or she doesn’t want to press charges against a defendant. They are typically prepared with the help of the defendant’s attorney or even a lawyer hired by the witness or victim. ANPs can be given directly to the district attorney’s office or to the police.
These statements are given under oath and so are legally binding. This means that someone who is found to be in violation of this oath can face serious penalties, including being held in contempt of court. ANPs can often be used to convince the state not to continue with pressing charges against someone, especially if the victim or witness’s testimony is particularly vital to the case. ANPs can also be used as evidence by defendants who file motions to dismiss their charges.
ANPS Are Not a Guarantee of Dismissal
It’s important to note that just because a witness or victim files an ANP does not mean that the state will no longer bring criminal charges. Ultimately, the prosecutor, as the representative of the state of Texas, has the final say on whether or not to pursue a case. Even if an alleged victim wants the case to end, a prosecutor may still wish to take it to trial, especially if there are concerns that the victim was coerced or otherwise forced into signing it. For this reason, significant doubt is often cast on ANPs in cases of alleged domestic abuse. Some prosecutor’s offices even have policies in place to not dismiss or accept a case based on an ANP.
Here to Help With Your Criminal Defense
If you have been accused of a crime, but the witness or alleged victim doesn’t want to press charges, you’ll need to handle your case with care. While an ANP could help your case, whether or not a prosecutor takes it into consideration will depend on the practices of your specific district attorney and the nature of your case. For help drafting an ANP, please call our office at 512-805-6613 and set up a meeting with one of the dedicated and experienced San Marcos and Hays County, Texas criminal defense lawyers at The Law Offices of David C. Hardaway today.
Source:
tarrantcountytx.gov/content/dam/main/law-library/pdfs/updated-forms-2024/Affidavit_for_NonProsecution.pdf